Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. (Code Civ. Proc. § 1285.) Code of Civil Procedure § 1285 only allows a petition to confirm an award to be brought by a "party to the arbitration in which the Award has been made...."
The petition must:
(Code Civ. Proc. § 1288.)
Service of the petition, the notice of hearing and any other papers the petition is based upon must be accomplished in the manner provided for in the arbitration agreement. (Code Civ. Proc. § 1290.4(a).) If a manner of service is not specified and service is within this state, then service must be made in the same manner as that provided for when serving a summons in an action. (Code Civ. Proc. § 1290.4(b).)
The allegations of a petition are deemed admitted unless a response is duly served and filed. (Code Civ. Proc. §§ 1290, 1290.6.)
If such a petition is duly served and filed, the court must either confirm the award as made, correct the award and confirm it as corrected or vacate the award or dismiss the proceeding. (Code Civ. Proc. § 1286.)
If an award is confirmed, judgment shall be entered in conformity therewith. Once an arbitration award has been confirmed and judgment entered accordingly, “it may be enforced like any other judgment of the court in which it is entered....” (Code Civ. Proc., § 1287.4.) (Code Civ. Proc. § 1287.4.)
When confirming an arbitration award the court shall award costs as provided in CCP § 1021 et seq. (Code Civ. Proc. § 1293.2.)
However, a court may deny an arbitration award if a party fails to provide proof of service of the notice of hearing, notice of non-appearance, memorandum of points and authorities and the declaration of counsel in support of petition in a manner that complies with CCP § 1290.4(b). Section 1290.4 requires that a copy of the petition (and any supporting papers) and a written notice of the time and place of hearing be served (1) in the manner provided in the arbitration agreement for service of such petition; or (2) if the arbitration agreement does not provide the manner of such service, then in the manner provided for service of summons. (Code Civ. Proc. § 1290.4)
PETITION TO CONFIRM ARBITRATION AWARD (CCP § 1285) TENTATIVE RULING: Petitioners Victor Russame, Sam X.J. Wu and Law Offices of Sam X.J. Wu, APC’s Petition to Confirm Arbitration Award is GRANTED. JUDGMENT TO BE ENTERED IN FAVOR OF PETITIONER IN THE AMOUNT OF $5,242.41, PLUS COSTS ACCORDING TO PROOF. ANALYSIS: On September 27, 2019, an arbitrator issued an Arbitration Award in favor of Victor Russame, Sam X.J. Wu and Law Offices of Sam X.J. Wu, APC (“Petitioners”) and against Xinyu Hu (“Respondent”).
Sep 28, 2020
Los Angeles County, CA
On May 29, 2020, Petitioner filed its petition to confirm arbitration award, the supporting Motion, and supporting Declaration of William A. Meyers (“Meyers”) with attached exhibits. On June 12, 2020, Respondent filed a Response to Petition to Confirm Contractual Arbitration Award Requesting Award Be Vacated (“Response”) and a supporting declaration of Herbert Dodell (“Dodell”).
Sep 21, 2020
Los Angeles County, CA
Hearing Date: September 15, 2020 Moving Parties: Petitioner E&R Venture Partners, LLC Responding Party: Respondent Parissa Ghovanlou Petition to Confirm Arbitration Award The court considered the petition and response. RULING The petition is DENIED. The arbitration award is vacated. BACKGROUND On April 17, 2020, petitioner E&R Venture Partners, LLC filed a petition to confirm attorney-client fee arbitration award against Parissa Ghovanlou based on an arbitration award dated April 16, 2018.
Sep 15, 2020
Los Angeles County, CA
PETITION TO CONFIRM ARBITRATION AWARD (CCP § 1285, et seq.) TENTATIVE RULING: Petitioners Mark Fleischman and Mimi Fleischman’s Petition to Confirm Arbitration Award is PLACED OFF CALENDAR. THIS CASE IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE RECLASSIFICATION/TRANSFER DESK FOR COLLECTION OF FEES AND REASSIGNMENT OF THE CASE TO AN INDEPENDENT CALENDAR COURT. PETITIONERS TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS OF THIS ORDER.
Sep 15, 2020
Los Angeles County, CA
On 8/13/19, Petitioner filed the Petition to Confirm Arbitration Award. On 9/3/19, Petitioner filed a document titled “Notice of Motion and Motion Granting Petition to Confirm Arbitration Award” indicating a hearing date of 11/20/19. On 11/20/19, the hearing was continued to 1/14/20 due to issues with service of the petition and notice of hearing. (See 11/20/19 Minute Order). With regard to the 1/14/20 hearing, Petitioner had still failed to properly serve the petition on Respondents.
Sep 14, 2020
Los Angeles County, CA
.: 20STCP01779 Hearing Date: September 11, 2020 [TENTATIVE] RULING RE: PETITIONER COUNTY OF LOS ANGELES’ PETITION TO confirm aRbitratION award Petitioner County of Los Angeles’ Petition to Confirm Arbitration Award is GRANTED. FACTUAL BACKGROUND This is a petition to confirm arbitration award. Petitioner County of Los Angeles (the “County”) asks the Court to confirm a November 21, 2019 Arbitration Award in favor of Petitioner. The underlying facts are as follows.
Sep 11, 2020
Los Angeles County, CA
PETITION TO CONFIRM ARBITRATION AWARD (CCP § 1285) TENTATIVE RULING: Joseph Hakimour’s Petition to Confirm Arbitration Award is GRANTED. JUDGMENT TO BE ENTERED PURSUANT TO THE AWARD IN THE AMOUNT OF $15,000.00 PRINCIPAL. PROPOSED JUDGMENT TO BE FILED WITHIN TEN (10) DAYS OF THIS ORDER. ANALYSIS: On August 20, 2019, an arbitrator issued an Arbitration Award in favor of Joseph Hakimpour (“Respondent”) and against Brownhouse Construction (“Petitioner”).
Sep 10, 2020
Los Angeles County, CA
PETITION TO CONFIRM ARBITRATION AWARD (CCP § 1285) TENTATIVE RULING: Petitioner Isidro Miramontes’ Petition to Confirm Arbitration Award is CONTINUED TO OCTOBER 15, 2020 AT 10 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. ANALYSIS: Petitioner Isidro Miramontes (“Petitioner”) filed the instant Petition to Confirm Contractual Arbitration Award against Respondents Morgan Stanley & Co., LLC, UBS Financial Services Inc. and Financial Industry Regulatory Authority (“Respondents”) on December 6, 2019.
Sep 10, 2020
Los Angeles County, CA
PETITION TO CONFIRM ARBITRATION AWARD (CCP § 1285) TENTATIVE RULING: Petitioner Isidro Miramontes’ Petition to Confirm Arbitration Award is CONTINUED TO OCTOBER 15, 2020 AT _____ AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.
Sep 10, 2020
Los Angeles County, CA
Respondent has also filed a Petition to Confirm Arbitration Award that is concurrently set for hearing on September 10, 2020. Evidentiary Objections Respondent’s evidentiary objections are overruled. On January 14, 2020, Petitioner filed a supplemental declaration providing a foundation for and authenticating the evidence submitted in support of the Petition.
Sep 10, 2020
Los Angeles County, CA
PARTY: None PETITION TO CONFIRM ARBITRATION AWARD (CCP § 1285, et seq.) TENTATIVE RULING: Petitioner Directors Guild of America, Inc.’s Petition for Confirmation of Arbitration Award and for Entry of Judgment in Conformity Therewith is GRANTED. Proposed judgment to be filed within ten (10) days of this order.
Sep 03, 2020
James E. Blancarte
Los Angeles County, CA
PETITION TO CONFIRM ARBITRATION AWARD (CCP § 1285) TENTATIVE RULING: Petitioner Carolyn C. Phillips’ Petition to Confirm Arbitration Award is DENIED..ANALYSIS: On July 16, 2019, an arbitrator issued an Arbitration Award in favor of Carolyn C. Phillips (“Petitioner”) and against Randy Rose (“Respondent”). On September 26, 2019, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”).
Sep 03, 2020
Los Angeles County, CA
PARTY: None PETITION TO CONFIRM ARBITRATION AWARD (CCP § 1285, et seq.) TENTATIVE RULING: Petitioner Isidro Miramontes’ Petition to Confirm FINRA Dispute Resolution Arbitration Award is GRANTED.
Sep 02, 2020
James E. Blancarte
Los Angeles County, CA
PETITION TO CONFIRM ARBITRATION AWARD (CCP § 1285) TENTATIVE RULING: Petitioner Broadcast Music, Inc.’s Petition to Confirm Arbitration Award against Respondent 11343 Penrose, Inc. aka 11343 Penrose Inc. dba La Vida Gentlemen's Club Aka La Vida Gentlemens Club is GRANTED. PETITIONER TO FILE PROPOSED JUDGMENT WITHIN TEN (10) DAYS. ANALYSIS: Petitioner Broadcast Music, Inc.
Sep 01, 2020
Los Angeles County, CA
PETITION TO CONFIRM ARBITRATION AWARD (CCP § 1285) TENTATIVE RULING: Petitioner Broadcast Music, Inc.’s Petition to Confirm Arbitration Award against Respondent 11343 Penrose, Inc. aka 11343 Penrose Inc. dba La Vida Gentlemen's Club Aka La Vida Gentlemens Club is GRANTED. PETITIONER TO FILE PROPOSED JUDGMENT WITHIN TEN (10) DAYS. ANALYSIS: Petitioner Broadcast Music, Inc.
Sep 01, 2020
Los Angeles County, CA
PARTY: None PETITION TO CONFIRM ARBITRATION AWARD (CCP § 1285, et seq.) TENTATIVE RULING: To allow the Court time to issue a ruling on the Notice of Related Case filed by Respondents on July 23, 2020 for Case No. 20STCP00350, Home Remodeling Giant, et al. v. Cunningham, et al., the hearing on Petitioners Lauran and Patrick Cunningham’s Petition to Confirm Contractual Arbitration Award is CONTINUED TO Nov 9, 2020 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE.
Sep 01, 2020
James E. Blancarte
Los Angeles County, CA
PETITION TO CONFIRM ARBITRATION AWARD (CCP § 1285, et seq.) TENTATIVE RULING: Petitioner Michael Rohrbaugh’s Petition to Confirm Contractual Arbitration Award is GRANTED. Petitioner is ordered to file a proposed judgment pursuant to the Arbitration Award within ten (10) days of this order.
Aug 31, 2020
James E. Blancarte
Los Angeles County, CA
PARTY: None PETITION TO CONFIRM ARBITRATION AWARD (CCP § 1285) TENTATIVE RULING: Petitioner Goldberg & Gage’s Petition to Confirm Contractual Arbitration Award is GRANTED ON THE CONDITION THAT, before the hearing, Petitioner files a proof of service demonstrating it gave Respondent adequate notice of this hearing. Otherwise, the hearing will be CONTINUED TO NOV. 2, 2020_ at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE.
Aug 27, 2020
James E. Blancarte
Los Angeles County, CA
PETITION TO CONFIRM ARBITRATION AWARD (CCP § 1285) TENTATIVE RULING: Petitioner Cameron Weiss’ Amended Petition to Confirm Arbitration Award is PLACED OFF CALENDAR. ANALYSIS: On July 2, 2019, an arbitrator issued an Arbitration Award pursuant in favor of Cameron Weiss (“Petitioner”) and against Derrick Willies (“Respondent”). On September 9, 2019, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”).
Aug 26, 2020
Los Angeles County, CA
However, the Court notes that the Notice of Petition to Confirm Arbitration Award filed on June 23, 2020 in this case is blank, although the courtesy copy provided to the Court has today’s date and time filled in. Consequently, it is unclear if Respondent received notice of today’s hearing date and time. The Proof of Service filed on July 13, 2020 does not indicate whether the Notice that was served was filled in.
Aug 21, 2020
Other
Intellectual Property
Los Angeles County, CA
Petition To Confirm Arbitration Award Petitioner moves for confirmation of arbitration award. Any party to an arbitration award may petition the court to confirm, correct, or vacate the award. (CCP § 1285.) “If a petition or response under this chapter is duly served and filed, the court shall confirm the award as made, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceeding.”
Aug 21, 2020
Personal Injury/ Tort
Fraud
Los Angeles County, CA
FILED: 12-05-19 CASE NUMBER: 19STCP05259 NOTICE: NO PROCEEDINGS: PETITION TO CONFIRM ARBITRATION AWARD MOVING PARTY: Petitioner Rafael Melagoza RESP. PARTY: None PETITION TO CONFIRM ARBITRATION AWARD (CCP § 1285, et seq.) TENTATIVE RULING: Petitioner Rafael Melagoza’s Petition to Confirm Arbitration Award is CONTINUED TO OCTOBER 27, 2020 at 11:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE.
Aug 20, 2020
James E. Blancarte
Los Angeles County, CA
Petition to Confirm Arbitration Award A. Legal Standard “Regardless of the particular relief granted, any arbitrator’s award is enforceable only when confirmed as a judgment of the superior court.” (O’Hare v. Municipal Resource Consultants (2003) 107 Cal.App.4th 267, 278.) “Once a petition to confirm an award is filed, the superior court must select one of only four courses of action: it may confirm the award, correct and confirm it, vacate it, or dismiss the petition.” (EHM Productions, Inc. v.
Aug 20, 2020
James E. Blancarte
Los Angeles County, CA
Petitioner also moves to file the petition to confirm arbitration award and certain supporting documents under seal. The motion to seal is unopposed. Motion to Seal Generally, court records are presumed to be open unless confidentiality is required by law. (Cal. Rules of Court, rule 2.550(c).)
Aug 19, 2020
Los Angeles County, CA
Petition to Confirm Arbitration Award A. Legal Standard “Regardless of the particular relief granted, any arbitrator’s award is enforceable only when confirmed as a judgment of the superior court.” (O’Hare v. Municipal Resource Consultants (2003) 107 Cal.App.4th 267, 278.) “Once a petition to confirm an award is filed, the superior court must select one of only four courses of action: it may confirm the award, correct and confirm it, vacate it, or dismiss the petition.” (EHM Productions, Inc. v.
Aug 19, 2020
James E. Blancarte
Los Angeles County, CA
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